Helping People in Need -- DePaul Batavia Square Apartments

DePaul, a not-for-profit organization established in 1958, is seeking to rezone two East Main Street properties in order to allow construction of 80 units of housing for income-eligible tenants. The affordable apartments would be fully handicap accessible, provide workforce housing and would serve vulnerable populations including veterans, elderly individuals and persons with special needs who would be linked with supportive services. A spring 2018 construction date is targeted.

DePaul committed last fall to build new facilities in Genesee, Livingston, Orleans and Wyoming counties as part of a $2.6 billion statewide plan to develop supportive housing units for vulnerable populations such as the working poor, seniors and veterans. 

Working with SWBR Architects, DePaul has plans for six buildings — two multistory apartment buildings and four sets of town homes placed in half-circles around a central green space. The newest developments in solar technology would be used and vegetated “green roofs” would be located over both the two- and three-story, 24-unit buildings with shared laundry facilities in each townhome. According to DePaul President Mark Fuller, DePaul is staying on trend with varied design and less density, providing mixed-use, diverse options to populations in need. 

Having access to affordable, quality housing in a neighborhood that is connected to jobs and other amenities makes life better for people. Research demonstrates there is a positive relationship between stable, affordable housing and improved health, increased academic performance, and greater economic self-sufficiency. 

Construction of new affordable housing creates a host of jobs, while vacant or underused parcels are transformed, increasing the value of the property and neighboring areas. Communities truly benefit from the revitalization of neighborhoods and promotion of economic and social integration. DePaul is committed to investing in Batavia and the many people in need who benefit from quality housing. For more information; please visit us online at: www.depaul.org

A statement from Assemblyman Steve Hawley (R,C,I-Batavia) on Sunshine Week, which is dedicated to increased openness, accountability and transparency in government:

“Sunshine Week is a tremendous opportunity we have as public officials to inject trust and integrity back into Albany politics. Unfortunately, year after year, Albany’s budget process seems to be the opposite.

"The governor and house leaders have routinely kept many rank-and-file legislators completely in the dark on budget negotiations, only to thrust a series of very long bills on our desks in the middle of the night for a rushed vote, and that is unacceptable.

“Let’s not forget it was New York City special interests who voted against 12 reforms put on the table by my upstate Assembly colleagues and I, which would have set term limits for legislative leaders, put restrictions on messages of necessity and required a three-day input process before legislation could be voted upon.

"The best way to cut through the dark cloud of secrecy and backroom dealings is sunshine, and I will be working to pull back the curtains as we move forward.”

Rachel Ann Baehr, 30, of Linwood Road, Le Roy, is charged with third-degree assault. On March 15, at 1:25 a.m., Baehr was arrested following an investigation of a domestic incident that occurred at 9101 Linwood Road in the Town of Le Roy. She allegedly bit another person's face, causing them to bleed. Baehr was arraigned, then released under supervision of Genesee Justice. She is due back in Le Roy Town Court on April 20. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Ryan Young.

Richard Dean McKague Jr., 26, of West Main Street Road, Batavia, is charged with criminal possession of a weapon in the fourth degree. On March 14, at about 11:16 a.m., McKague was arrested for allegedly possessing a Kung Fu Star during a probation home check. He was issued an appearance ticker for April 11 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Cummings.

A Statement from Assemblyman Steve Hawley (R,C,I-Batavia) on the Assembly’s One-House Budget Resolution:

“It comes as no surprise that the Assembly’s One-House Budget Resolution, crafted in secret by New York City politicians, increases taxes and spending and shifts our state’s resources in a way that seemingly benefits illegal aliens and criminals as much as taxpaying citizens.

"This is a 3-percent spending increase over last year and it is disingenuous to force our municipalities to stay within the 2 percent tax cap when the legislature is not required to do so. We should lead by example and walk the walk.

"I will not stand for free college giveaways like the DREAM Act, Raise the Age, which protects violent felony offenders or the Essential Plan, which gives high-end healthcare plans to illegals on our dime.

"Despite these misplaced priorities, billions to fund clean water infrastructure upgrades, an increase in school aid, an increase in local agriculture assistance and a $500 million proposed investment in the Consolidated Local Street and Highway Improvement Program (CHIPS) will go a long way toward improving and strengthening our community if they make it into the final enacted state budget. Expect me to remain vigilant and fight for these initiatives in the coming weeks.

"Furthermore, I am encouraged by the proposed $4 million restoration in Library Aid that the governor planned on cutting. I have worked diligently over the last few months to restore this funding and even wrote a letter to Speaker Heastie with signatures of 62 legislators from both sides of the aisle.”

City officials are wondering what's up with the settlement they reached with attorneys for the City Centre Mall Merchants Association. They thought the matter would be resolved by now, but apparently, the attorneys for the merchants haven't even shown the membership the final draft of the settlement agreement.

While City Manager Jason Molino said he has no reason to believe the settlement won't eventually be presented to the merchants and the settlement will be approved, the delay just means the city can't work on structural deficiencies in the concourse.  

"I would like to think that there is nothing that suggests the deal is going to fall apart," Molino said. "The issue is how do we get to the finishing line and get to the finishing line as expeditiously as possible, which is in the best interest of everyone in the community, the best interest of the property owners in here in the mall, and then we can start to talk about what we can do to trigger new growth and new investment in this concourse and in this mall. That's the most important thing to keep our eye on."

Mall Manager Madeline Bialkowski, who scheduled her retirement for April 1 to coincide with the settlement of the mall merchant's lawsuit being in place, said that merchants are waiting for a final draft of the settlement agreement from the attorneys.

Hugh Carlin is the attorney representing the City Centre Mall Merchants Association. 

Yesterday, we asked Carlin when the merchants would approve the settlement.

"I can't say yet," Carlin said. "Hopefully in the near future. There are a few more details we're working on."

Asked what those details might be since his side had already agreed to a settlement, Carlin said, "I can't comment." Pushed for clarification, he repeated, "I can't comment."

According to documents obtained by The Batavian through a Freedom of Information Law request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

In February of 2015, The Batavian reported that the association had spent $103,317 on the lawsuit. The tab has gone up another $108,738 according to documents obtained through the FOIL request.

The city, through the same period, has spent $168,070 on attorney fees, with $63,872 being added since February 2015.

"The city has done everything it can prior to the lawsuit (to reach an agreement), during the lawsuit and now, having entered into terms we've agreed to to end the lawsuit in a way that is expedient and in the best interest of everyone," Molino said. "Now, we're still having challenges with the mall's legal counsel."

The lack of an agreement is delaying Bialkowski's retirement. She's agreed to stay on until the settlement is finalized, but she and her friends are still going ahead with a retirement party at Ken's Pits on March 30 because she anticipates she will be retired not long after that, she said.

The association and the city had a long-simmering dispute over who is responsible for repair and maintenance of the mall concourse. According to a 1987 settlement, the merchants' association was supposed to take control of the city-owned concourse on April 1, 2000.

The settlement agreement the city and the attorneys for merchants agreed to during the first week of February puts the burden back on the city to repair and maintain the concourse. That's a task Molino said the city is eager to take on because that's the only way all of the necessary repairs will take place so the mall becomes once again a viable business investment.

The City Council approved the settlement Feb. 27.  Each owner of properties in the mall must individually sign off on the agreement or submit a motion to the court to show cause for not agreeing to the settlement.

The city is ready to get started, he said, as soon as the merchants approve the agreement.

"The city is in position and we're ready to move," Molino said. "We're ready to take this 17-acre area and take on the responsibility to move it into a better position so that in the future it triggers investment."

There's a lot of work to be done but that doesn't apparently include mitigating mold.

Contrary to reports in other media outlets, there is no evidence of mold in the mall, Molino said.  

The speculation for mold in the mall apparently comes from an interview Ron Viele, a local contractor, gave to a reporter. We placed calls yesterday afternoon and early this afternoon seeking clarification but Viele has not returned our calls.

We did speak to Paul Viele, Ron's son and a member of the City Council. He said he didn't participate in the interview with his father but did say "it's possible" there is mold in the mall, especially given the leaks and moisture in the mall.

He said the city should hire a professional to evaluate whether there is mold.

"We don't do that kind of work," Viele said. "We're contractors."

Until the merchants' attorneys move forward with the settlement, it would be up to the mall association to hire a contractor to deal with any potential mold, Molino said.

However, he said, as part of the settlement process, a third-party consultant was brought in to evaluate the mall concourse. Molino said he can't release that report, even as part of a FOIL request, because it's part of the technically ongoing litigation, but that consultant found no evidence of mold, he said.

As for whether it's possible, of course, it's possible, Molino said. It's also possible, he said, that if you have forced-air heating in your home that you have mold in your home. In fact, if you haven't had your ducts cleaned in a long time, it's likely. That doesn't mean the mold is harmful. It depends on the type of mold and a person's sensitivity to it.  It would take a professional, not just somebody looking up at the ceiling, to determine if mold is present. (Here's what the CDC says about the health risks of mold.)

The person in the photo is wanted by Batavia PD for questioning in the theft of merchandise from the CVS store on West Main Street, Batavia.

Several items were stolen at approximately 10:15 a.m., Monday.

The person of interest is described as 5' 10" and wearing a baseball cap, dark boots, dark blue jeans, and a black Carhartt-style jacket.

Tips: Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

About a dozen people rallied in support of Dolores Bustamante this morning outside of the Buffalo Federal Detention Facility in Batavia.

Bustamante, who lives in Sodus, was scheduled for a deportation hearing and supporters were concerned she was being targeted because of her work with the Workers Center of CNY following President Donald Trump's executive order on immigration.

In a short statement before her hearing, Bustamante said she was hopeful that President Trump is serious about only going after immigrants who are criminals because, she said, she is not a criminal. She came to this country to get away from an abusive spouse and provide a better life for her daughter.

At the hearing today, Bustamante was allowed to stay in the country but ordered back to the immigration court in two months.

Another worker activist with the Workers' Center, Jose Coyote Perez, is currently being detained, according to Rebecca Fuentes.

Fuentes said Perez was administratively cleared to stay in the country in September and obtained a work permit and a Social Security number and was in the process of getting a driver's license when he was detained.

She said Perez was assaulted by a coworker at the dairy farm in Livingston County where he's employed and as a result, Perez contacted local law enforcement. Officers responded but made no arrests and left it to the parties to work it out amongst themselves.

The next day, she said, Perez was ordered by ICE to report to Batavia to fill out paperwork. She said officials told him it was just routine and he had nothing to worry about. He was detained the day he turned up, Feb. 24, and has been in custody since then.

He has a hearing at the end of the month, she said, and there will likely be another rally at the facility to support his cause.

In 2014, Bustamante was stopped by a trooper for a traffic violation and as a result was turned over to immigration authorities. Bustamante and members of the Workers' Center participated in a campaign that led to an executive memo that prohibits troopers from asking citizenship status during routine contacts.

There's plenty of snow on the ground, it's cold and a winter storm warning remains in effect until 8 p.m., but the county's travel advisory has been lifted and conditions aren't too bad for a snowy, winter day.

Photo: 500 block of East Main Street, Batavia.

NOTE: The travel advisory has been lifted.

The Sheriff's Office has issued a travel advisory for Genesee County. Current and forecasted weather conditions consisting of steady and strong winds have caused whiteout conditions. These conditions are expected to continue for 24 hours. Motorists are strongly encouraged to avoid any unnecessary travel.

Cancellations and closures for Wednesday:

• Oakfield-Alabama Central Schools
• Batavia City Schools
• County Court
• City Court
• The Mental Health Association of Genesee and Orleans Counties
• The Worship Service for today at Batavia First United Methodist Church is canceled
• Byron-Bergen Central Schools
• Elba Central Schools
• GCC
• BOCES
• Le Roy Central Schools
• Notre Dame
• Pavilion Central Schools
• Alexander Central Schools
• Pembroke Central Schools
• St. Joe's
• Classic Optical
• Blue Pearl Yoga
• St. Paul Lutheran Church -- Lenten Dinner & Worship Services
• Elba Town Court
• Bergen Town Court
• Fastec Automotive
• Mane Attraction Salon & Spa
• Oliver's Candies - Closing at 4 p.m.

Send notifications to howard@thebatavian.com

A tractor-trailer has jackknifed in the area of 2757 Broadway Road, Alexander.

It is blocking.

Unknown Injuries.

Alexander fire dispatched.

UPDATE 2:31 p.m.: Darien fire requested to shut down eastbound traffic on Route 20 at Townline Road.

James Pontillo, who operates a residential rental company in the city, agreed to a plea deal today over an allegation that he falsified business records related to a residence he was operating as a rental after his sister died.

The 49-year-old Stafford resident entered a guilty plea to second-degree falsifying business records, a misdemeanor, and faces up to a year in jail when sentenced.

He also agreed to pay $2,550 in restitution.

The plea satisfies several initial charges, including forgery and grand larceny.

Fred Rarick, attorney for Pontillo, previously explained to The Batavian that the charges stemmed from a dispute over how Pontillo handled the estate of his late sister, who died in 2012. Pontillo was accused of providing false information to Pathstone on paperwork related to Section 8 housing.

A fire in a wall is suspected at 8180 W. Bergen Road, Le Roy.

Le Roy fire dispatched along with an engine from Pavilion and ladder from Bergen.

City of Batavia and Stafford asked to stage in quarters for possible second alarm.

UPDATE 12:21 p.m.: Second alarm. City of Fire, Stafford, second engine from Pavilion for working trailer fire.

UPDATE(S) 1:01 p.m. (By Billie): The Bergen assignment is back in service.

UPDATE 1:10 p.m.: The American Red Cross is called to the scene to aid the displaced: A man, a woman, a child, a dog, a cat. Also, a code enforcement officer will be responding to the trailer in an hour or so.

John Eric Jaszko Jr., 31, of Kelsey Road, Batavia, is charged with DWI, leaving the scene of a property damage accident, refusal to take breath test, driving left of pavement markings, inadequate headlamps. At 12:50 a.m., Deputy Ryan Young discovered at property damage accident at 3599 Galloway Road where a fire hydrant was sheared off and laying by the side of the road. There was no vehicle around. Young followed tire tracks in the freshly fallen snow and the tracks led him to Jaszko's home. After a brief investigation, Young determined that Jaszko had been the driver of the vehicle and that he had allegedly been driving drunk. Deputy Eric Meyer and Sgt. John Baiocco assisted in the investigation.

Sean Aldwyn Jr., 24, of Starling Street, Rochester, is charged with unlawful possession of marijuana. Deputy Richard Schildwaster reported detecting the odor of marijuana following a traffic stop at 5:48 p.m. Saturday on Park Road. Following a vehicle search, a quantity of marijuana was allegedly found in the vehicle.

Salvatore Michael Schwable, 19, of Webber Street, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, and inadequate headlamp. Schwable was stopped at 10 p.m. Sunday on Route 77, Pembroke, by Deputy Cassidy Longhini.

A Rochester resident has been arrested a second time on a drug-dealing charge, this time while sitting in jail on the first arrest.

Leonard E. Aguayo, 30, of Affinity Lane, Rochester, allegedly sold a quantity of crack cocaine to an agent of the Local Drug Task Force at a location in the city last month.

He was arrested at the end of February following a traffic stop by members of the Local Drug Task Force when he was allegedly found in possession of more than a half ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

In November, Aguayo was arrested in Genesee County following a traffic stop on Route 33 in Byron and charged with unlawful possession of marijuana.

The new arrest is on charges of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

He is being held in the Genesee County Jail without bail.

A driver has been cited for alleged failure to yield the right of way leading to an injury accident at 5:04 p.m. Monday on Griswold Road in Stafford.

Cited was Thomas J. Scheuerlein, 78, of Griswold Road, Byron. Griswold along with passenger Patricia Scheuerlein, 78, were transported to Strong Memorial Hospital by Mercy EMS.

The other driver, Danielle Rozell, 35, of Elm Street, Batavia, was not injured.

According to the report by Deputy Robert Henning, Scheuerlein pulled onto Griswold Road from Godfrey's Pond Road without yielding the right of way to traffic on Griswold.

Rozell's car struck Scheuerlein's car on the driver's side.

Crews were out and working in Batavia this morning dealing with the few inches of snow that fell overnight and this morning.

The winter storm warning remains in effect through 8 p.m. tomorrow with a prediction of steady snowfall and a storm total in the area of about 18 inches.

Gov. Andrew Cuomo has declared a statewide state of emergency starting at midnight.

We've received notifications of the following closing and cancellations:

• Batavia City Schools
• Oakfield-Alabama Central Schools
• Pembroke Central Schools
• Alexander Central School
• Byron-Bergen Central School
• Elba Central School
• GCC, all locations
• Le Roy Central School
• Pavilion Central School
• St. Joseph's
• Notre Dame
• Mental Health Association of Genesee and Orleans Counties
• Pembroke Town Court
• Elba Fire Bingo canceled tonight
• Art Ah la Carte is closed
• 4-H Green Thumbs Club meeting
• Alabama Town Court
• Blue Pearl Yoga
• Oliver's Candies - Closing at 5 p.m.

Send closings to howard@thebatavian.com

City Council on Monday night passed numerous resolutions, most notably the 2017-18 city budget, which was approved by an 8-1 vote (with Councilwoman Rose Mary Christian dissenting).

The $24 million budget -- of which $16.5 million comprises the general fund -- calls for a property tax levy of $5.2 million and an increase of less than 1 percent in the tax rate.

Passage of the budget was welcome news for Julie Pacatte, coordinator of the Batavia Development Corporation, who attended the meeting along with BDC President Pier Cipollone.

"It means that the city is supporting us in more good work to do, particularly related to the Brownfield Opportunity Area advancement," Pacatte said. "This budget, specifically, has some additional carve-outs to help us advance our second BOA site – Creek Park – behind the (Falleti) ice arena (on Evans Street)."

Before the budget vote, Christian expressed her disappointment with the fact that city revenues are down by $458,000 and that a sales tax agreement has yet to be reached with Genesee County.

"Also, I've been waiting for sidewalks on Clifton Avenue (in her Ward) for over 12 years and wanted some of the money from the VLT (video lottery terminals at Batavia Downs Gaming) for a pool on the Southside," she said.

This prompted Robert Bialkowski to mention that no one spoke against the budget during last month's public hearing and that City Manager Jason Molino met Council's request to reduce the tax increase to less than 1 percent.

Adoption of the spending plan means that the tax bill for a city resident with a house assessed at $90,000 will now be about $838 for the 2017-18 fiscal year.

Council President Eugene Jankowski noted that the property tax levy of $5.2 million is only about a third of the total general budget, and asked for a breakdown of the revenue stream.

Molino pointed out that, beyond the $5 million from property taxes, about $6 million comes in from sales taxes, another $1.7 million from state aid, and the rest from an assortment of fees, aid, grants, income from services provided and mortgage taxes.

In other action, Council:

-- Passed resolutions establishing slightly higher new water rates and meter fees, a 2.75-percent increase for non-union city employees (including management) and slight wage increases for part-time and seasonal city employees. All three of those resolutions passed by 7-2 votes, with Christian and Paul Viele voting "no" in each instance.

-- Voted unanimously to adopt a local law to amend the Business Improvement District Plan.

Molino said the amendment to the plan was a lowering of the assessment charge on the properties in the Business Improvement District because of the expiration of a large debt service payment.

"The amount levied is going down from about $120,000 to about $57,000," he said. "So what property owners can expect to see in the BID is a decrease in that BID assessment charge."

In an email to The Batavian, Molino said that the BID Plan identifies two sources for funding the activities of the Business Improvement District: the Business Improvement District assessment (BID Assessment) and the City of Batavia. The BID Assessment for each property is calculated by multiplying the assessed valuation of the property by the BID assessment rate.

In accordance with the General Municipal Law 980-k, a BID is limited in the amount of money that can be raised through the assessment. The district assessment charge, excluding debt service, may not exceed 20 percent of the total general municipal taxes levied in a year against the taxable property in the BID.

As of Feb. 1, it is estimated that 20 percent of the total general municipal taxes levied in 2017-18 against the taxable property in the BID is $57,926, based on current taxable assessed values and the existing City property tax rate. The BID assessment rate is estimated to be $1.844 per $1,000 of assessed value. There is currently no debt service to be paid for with district assessment charges.

-- Welcomed new Batavia City Police officers Ryan Shea and Matthew Dispenza, who were officially sworn in by City Clerk Heidi Parker, and recognized Jayme Privitera, of Le Roy, for submitting the first-place logo in the Ellicott Trail Logo Contest, which was reported first on The Batavian last month.

From left, Assistant Chief Todd Crossett, Ryan Shea, Matthew Dispenza, Chief Shawn Heubusch.

City Councilwoman Kathleen Briggs reads a proclamation honoring Jayme Privitera, who created the winning logo in the Ellicott Trail Logo Contest. Photos by Mike Pettinella.